DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cascade Brewery Company Pty Ltd
(AG2020/1123)

CASCADE BREWERY MAINTENANCE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 21 MAY 2020

Application for approval of the Cascade Brewery Maintenance Enterprise Agreement 2019.

[1] Application has been made by Cascade Brewery Company Pty Ltd for approval of a single enterprise agreement known as the Cascade Brewery Maintenance Enterprise Agreement 2019 (the Agreement).

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

[5] The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cascade Brewery Company Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Cascade Brewery Maintenance Enterprise Agreement 2019. The applicant, Cascade Brewery Company Pty Ltd, sought approval of the enterprise agreement which was intended to govern the terms and conditions of employment for its maintenance employees. The dispute centred on whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Fair Work Commission had to address were whether the agreement had been made in accordance with the relevant provisions of the Act, whether the agreement had been made fairly and in good faith, and whether it complied with the requirements of the National Employment Standards and the applicable awards. The Commission also considered whether the agreement provided for appropriate mechanisms for the resolution of employee disputes.

The Commission found that the agreement had been made in accordance with the statutory requirements and that it was made fairly and in good faith. The Commission also determined that the agreement met all the necessary legal criteria and contained adequate provisions for the resolution of employee disputes. The Commission approved the Cascade Brewery Maintenance Enterprise Agreement 2019, thereby resolving the dispute in favour of the applicant.

In conclusion, the Fair Work Commission approved the Cascade Brewery Maintenance Enterprise Agreement 2019, finding that it complied with all legal requirements under the Fair Work Act 2009. The decision provides certainty for both the employer and employees regarding the terms and conditions of employment, ensuring that the agreement operates within the bounds of the law.

Cascade Brewery Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established